Los efectos de la Sentencia 31/2010 en el catálogo de derechos, deberes y principios del Estatuto de autonomía de Cataluña : una desactivación más aparente que real

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Constitutional Court Ruling 31/2010 does not declare the nullity of any of the precepts of Section 1, although it cannot be stated that its content is totally unscathed; firstly, because it has been reached by agreed interpretation and secondly, because it partakes in the downgrading that the Constitutional Court Ruling is undertaking of the normative category "state of autonomy": here, through an attempt to transform laws into mere mandates. In spite of this, the encumbrance cannot be magnified either. Therefore it should be taken into account that it is not obvious what content is linked to an agreed interpretation that creates a new previously inexistent rule that requires interpretation or which determines its content without excluding other possible meanings. In these cases the autonomous legislator can move with complete freedom outside the prescribed limits; and before the judge a new question is raised that cannot be resolved by him or herself but must go to the Constitutional Court. On the other hand, the downgrading of statutory rights to mere mandates is not convincing either. It is true that they generally rely heavily on the law in terms of their content. But to go from stating that they exclusively contain mandates to the autonomous legislator means ignoring the specifi c terms of the regulatory formulation of these laws, even though their fi ne tuning is referred to law. What is does not exclude is that, the Statute being the direct rule of application of laws recognised in this way, they also have, if their formulation so permits, immediate enforceability in the courts. It is therefore defended that both the attempt to downgrade the nature of statutory laws to mandates and that of weakening its original content through open interpretative or reasoning or reasoning that is not backed up produces a deactivation that is more apparent than real in Section I of the State of Autonomy of Catalonia.
Original languageSpanish
Pages (from-to)0061-91
Number of pages31
JournalRevista d'Estudis Autonomics i Federals
Issue number12
Publication statusPublished - 2011


  • Derechos estatutarios
  • Interpretación conforme
  • Estatuto de Autonomía
  • Principios rectores
  • Eficacia de los derechos
  • Drets estatutaris
  • Interpretació conforme
  • Estatut d'autonomia
  • Principis rectors
  • Eficàcia dels drets
  • Statutory laws
  • Agreed interpretation
  • State of autonomy
  • Guiding Principles
  • Efficiency of laws

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